Clean water act : myths and facts

Clean Water Act

Myths and Facts

The Clean Water Act helps protect drinking water
at the source, as part of an overall commitment to
safeguard human health and the environment. This
legislation sets prevention as its fundamental
principle. Keeping the sources of our drinking
water free of contamination is smarter, safer and
more effective than cleaning up problems after the
fact.

Local communities are best positioned to decide
what protective measures are needed and how best
to carry them out. A key focus of the legislation is
the production of locally developed, science-based
drinking water source protection assessment
reports and source protection plans.

Some people have concerns about how the act will
impact them and their property.

Myth: The act impacts property rights of Ontario
landowners.

Fact: As with any other legislation, there are
provisions that allow for powers of entry and
expropriation for very specific purposes and in
limited circumstances.

The act provides designated persons with the
power to enter property for the purpose of
preparing assessment reports, source protection
plans and annual progress reports. In addition,
designated officials may enter property for
inspection purposes or may enter property for the
purpose of causing ordered work to be done.

However, the legislation provides important
restrictions on the exercise of an entry power. For
instance:

• A property cannot be entered unless prior
notice is given to the owner or occupant of the
property;

• A person who has authority to enter property
under the legislation cannot enter a dwelling
without either the permission of the occupant
or an inspection warrant issued by a court;

• Entries must be conducted at reasonable times;
and

• Finally, the legislation requires that where
property has been adversely affected as a result
of an inspection, the person who conducted the
inspection must ensure that the property is
restored to the condition it was in before the
inspection.

Myth: The act gives the Ontario government the
authority to seize or confiscate property without
consent and without payment or compensation.

Fact: People's property is protected under the
Expropriations Act, which ensures full
compensation for the land owner. Expropriation is
expected to occur very rarely and only under
extenuating circumstances.

Myth: The Province of Ontario will require meters
on private wells.

Fact: The Clean Water Act does not require meters
on private wells and the Ontario Government has

Protecting our environment

Ontario

PIBS 6229e02

publicly stated many times that it does not have
any intention of metering private wells. On May
10, 2007, Environment Minister Laurel Broten
stated in the Ontario Legislature that the
government has no plans to meter private
residential wells. The Ontario Water Resources
Act requires anyone taking more than a total of
50,000 litres of water in a day to obtain a permit.
Takings by an individual for ordinary household
purposes are specifically exempted.

Myth: Land use activities will be prohibited under
the Act.

This publication is provided for
information purposes only. For

compliance purposes reference should
always be made to the Act or related
regulations.

'DRINKING WATER.

Source protection

ACT FOR CLEAN WATER V^

Fact: Land use activities will not be prohibited
unless:

• the activity constitutes a significant
drinking water threat under the
legislation; and

• a policy in a source protection plan
stipulates that a land use will be
prohibited within a defined vulnerable
area.

Myth: The Clean Water Act applies to all water in
Ontario.

The act applies primarily to municipal drinking
water systems. The act does allow for clusters of
wells and non-municipal drinking water systems to
be included in the source protection planning
process, however, it is up to the local community
to decide on the best approach to protecting the
local water source.

More information on the Clean Water Act is
available on the Ministry of the Environment
web site at www.ontario.ca/cleanwater

Further local information on drinking water

source water protection can be found at:

http://www.conservation-

ontario.on.ca/source protection/other swpregions

index.htm